Failed Asylum Seekers: Benefits and Employment

Lord Avebury: asked Her Majesty's Government:
	From which countries, apart from Zimbabwe, asylum seekers who no longer have rights of appeal are denied benefit and the right to work in the United Kingdom but are not forced to return.

Baroness Scotland of Asthal: Section 94(3) of the Immigration and Asylum Act 1999 requires that, with the exception of families including children under the age of 18, support must be terminated to all asylum seekers who have received a final decision on their claim.
	The employment concession for asylum seekers was abolished on 23 July 2002. Generally speaking, asylum seekers are no longer able to work while their applications are under consideration although we retain a discretion to grant permission to work in wholly exceptional or compassionate circumstances. Asylum seekers who had been given permission to work prior to abolition of the concession can continue to work until a final decision is made on their claim. It would not be right to allow failed asylum seekers to work when those still awaiting a decision cannot.
	All asylum seekers must realise that when their claim has been rejected, and they have exhausted the appeals process, they should leave the UK.

Police Officers: Racist Behaviour

Lord Ouseley: asked Her Majesty's Government:
	What measures they will take to enable police constabularies and authorities to take effective disciplinary action against officers engaged in racist behaviour.

Baroness Scotland of Asthal: Such measures are already in place. All police officers, regardless of rank, are subject to a code of conduct (set out in the Police (Conduct) Regulations 1999) that outlines the principles that should guide their behaviour. The code makes it clear that officers should behave with honesty and integrity as well as being fair and impartial in their conduct. Officers must avoid all forms of harassment, abusive behaviour, victimisation or unreasonable discrimination. Whether on or off duty, police officers should not behave in a way that is likely to bring discredit upon the police service. Any breach of the principles in the code of conduct may result in an officer facing misconduct proceedings under the Police (Conduct) Regulations 1999 or the Police (Conduct) (Senior Officers) Regulations 1999, which, in the most serious cases, could involve dismissal.
	These regulations are subject to constant and ongoing review.

Police Officers: Racist Behaviour

Lord Ouseley: asked Her Majesty's Government:
	Whether they are satisfied with the powers available to chief constables to eliminate racist behaviour among police officers.

Baroness Scotland of Asthal: The Government believe that chief officers do have the necessary powers to eliminate racist behaviour among police officers.
	There are procedures under the Police Act 1996 and the Police (Conduct) Regulations 1999 to deal with conduct that falls below the required standard. These procedures can be invoked by way of a complaint from a member of the public or a report or allegation from any other person. This includes any complaint or allegation of racial discrimination or attitudes. Additionally, the Police Reform Act 2002 introduces a new complaints system to come into force on 1 April 2004, under which serious racial discrimination is a category of a complaint that must be referred to the Independent Police Complaints Commission, which will decide how such a complaint will be dealt with.
	A new recruitment process has also been introduced. These processes are already in place in 13 forces and are being phased in across the remainder of the service. Candidates' attitudes towards race and diversity are tested at least seven times across all exercises in the new assessment centre, including at interview. Those who do not meet the standard are not recruited, regardless of performance elsewhere in the assessments.
	The Government are committed to increasing trust and confidence in policing among all sections of the community. This involves community relations training across the police service, continuing work on implementing recommendations of the Stephen Lawrence inquiry—a key area of which is stop and search, and the handling of racist incidents all aimed to increase trust and confidence among minority ethnic communities.
	The Government are not complacent, however, and will consider any further measures that might be needed to eliminate incidents of racist behaviour among police officers.

Defence Equipment Requirements

Lord Vivian: asked Her Majesty's Government:
	What is the impact on the future defence equipment requirement as a result of operations in Iraq.

Lord Bach: Operation TELIC reinforced the requirement to be able to deploy and to sustain armed forces equipped and trained for both war fighting and peace support operations. Operations in Iraq have also demonstrated the importance of integrated joint capability. Those trends are reflected in the recent defence White Paper.

Enduring Power of Attorney

Baroness Byford: asked Her Majesty's Government:
	Why the cost of registering an enduring power of attorney is £220; whether there is any provision for reducing that cost in cases of hardship; and what payment methods are available.

Lord Filkin: The fee for EPA registration was set at £220, following a review of Court of Protection and Public Guardianship Office fees in 2001. The review was set up to explore the options for the court and the PGO to recover the full costs of their services, as required by HM Treasury guidance. The fee covers the cost of registration, handling and disputes or technical problems, correspondence during or after registration, helping and advising attorneys or their legal representatives, and investigating allegations of financial abuse against the donor and cancelling registration on the death of the donor. The fee covers this work over the life of the case.
	The Court of Protection has remissions guidance to ensure that there is no financial hardship to clients of limited means who need its services, but who cannot afford to pay. The guidance is displayed on the PGO's website.

NHS: Employment of South African Medical Personnel

Lord Campbell-Savours: asked Her Majesty's Government:
	Whether they will request a report from management at the Southport and Ormskirk Hospital on the employment of South African surgeons supplied by NETcare and the nature of representations made by the British Orthopaedic Association on this matter.

Lord Warner: The Department of Health does not have any immediate intention to request a report from management at the Southport and Ormskirk Hospital on the employment of South African surgeons supplied by NETcare.
	The British Orthopaedic Association asked for the department's comments on issues raised in a letter to it from a group of local orthopaedic consultants. These were addressed in writing. Dialogue with the BOA continues on this issue.

NHS: Employment of South African Medical Personnel

Lord Campbell-Savours: asked Her Majesty's Government:
	Whether they will request a report on the experience of the Cumbria and Lancashire Strategic Health Authority in accessing potential patients to be operated upon by South African medical professionals and on the employment of these medical personnel.

Lord Warner: The Department of Health has no such plans at present.

Health Professions Council: Chiropody and Podiatry

Lord Morris of Manchester: asked Her Majesty's Government:
	By what processes the Health Professions Council ensures that applicants for "grandparenting" are required to demonstrate their fitness to provide legal, safe and effective practice as a chiropodist or podiatrist; and what assurances they have had from the council that "grandparenting" procedures do not undermine public safety by allowing people who have failed approved courses to be admitted to the register.

Lord Warner: When completing an application all candidates, including those applying under the transitional provisions, have to supply a character reference and a health reference. In addition, applicants seeking registration under the transitional provisions also have to provide a specific "grandparenting reference" which supports their claim to have practised the profession for which they are applying for registration. Proof of practice is required and applicants are also requested to confirm whether they hold or have ever held professional indemnity insurance and, if so, whether any claims have been made on that insurance or whether they have had such insurance refused or altered subject to any increased or loaded premiums.
	Applicants are required to declare criminal convictions; whether civil proceedings have been brought against them and whether they have ever been disciplined by a professional or regulatory body in the United Kingdom or elsewhere.
	All applications received under the transitional provisions are scrutinised by two Health Professions Council assessors, one clinical and one academic, from the applicant's profession. If the opinion of the two assessors differs or if there appears to be any inconsistency between the two assessments, the application is referred to a third assessor.
	If the assessors identify any shortfalls in a grandparenting application the candidate may be required to take a test of competence. The scope and nature of that test depends upon the extent of any deficiencies identified by the assessors after scrutinising a particular case.
	A person commits an offence under Article 39(1) of the Health Professions Order if, with intent to deceive (whether expressly or by implication) he falsely represents himself to possess qualifications in a relevant profession.

Health Professions Council: Chiropody and Podiatry

Lord Davies of Coity: asked Her Majesty's Government:
	What legal action is open to the Health Professions Council to prevent an applicant who failed a podiatry degree course from being included on the register and practising as a podiatrist.

Lord Warner: A person commits an offence under Article 39(1) of the Health Professions Order 2001 (2002 No.254) if, with intent to deceive (whether expressly or by implication), he falsely represents himself to possess qualifications in a relevant profession.
	Article 39(4) of the Health Professions Order makes it an offence for a person to procure, or try to procure fraudulently the making, amendment, removal or restoration of an entry in the register.

Diabetic Patients: Chiropody and Podiatry

Lord Morris of Manchester: asked Her Majesty's Government:
	What redress is available to patients with diabetes who find that they have been treated by a chiropodist or podiatrist who was untrained and unqualified to deal with the special needs of diabetic patients.

Lord Warner: If care was provided under National Health Service arrangements the person could make a complaint in the knowledge that, if a satisfactory response was not given by the local trust, the person could seek independent review of the case and, if still dissatisfied, refer to the Health Service Ombudsman. Any allegation that a chiropodist or podiatrist is unfit to practise may be referred to the Health Professions Council, the regulator with statutory responsibility for setting and maintaining standards of practice for chiropodists and podiatrists. The HPC's standards for chiropodists and podiatrists include the requirement for knowledge and skill in treating patients with diabetes mellitus. Subject to transitional arrangements, employment of staff by an NHS trust or a primary care trust in the capacity of chiropodist (podiatrist) is limited to those who are registered in the register maintained by the HPC. Patients seeking redress may wish to take legal advice to ascertain whether legal action might be an appropriate response.

Digital Hearing Aids

Lord Ashley of Stoke: asked Her Majesty's Government:
	Which factors influenced the change in cost of digital hearing aids from a selling price of £2,500 to £70 for the National Health Service.

Lord Warner: The price of £2,500 for a digital hearing aid was the price charged by private sector dispensers, and includes service costs for assessment, fitting and follow up appointments, general business overheads, marketing and profit margin.
	The factors that influenced the reduction in cost of digital hearing aids to the National Health Service were: the development of a single procurement system that takes advantage of economies of scale of purchasing; the ability to give commitment for specific volumes of product to suppliers; the ability to forecast demand to suppliers; and the shifting of demand for high volume products to fewer suppliers. This was made possible through the partnership between the Department of Health and the Royal National Institute for Deaf People, who worked with the private sector as part of the Modernising Hearing Aid Services programme.

Cochlear Implants

Lord Ashley of Stoke: asked Her Majesty's Government:
	What are the prospects of a reduced price in the cost of National Health speech processors for cochlear implants; and
	Whether they will consider streamlining the number of hospital units in the National Health Service carrying out cochlear implants with a view to cost reduction.

Lord Warner: The price of cochlear implants may reduce when implant activity is sufficiently co-ordinated to allow increased purchasing leverage with suppliers. The configuration of cochlear implant centres is decided by National Health Service commissioners together with their providers; however such decisions will not be solely based on questions of cost but will take into account other matters such as patient access.

Stem Cell Research

Lord Alton of Liverpool: asked Her Majesty's Government:
	What plans they have to license research projects involving the creation of human sperm and human eggs from human embryonic stem cells; and what assessment they have made of the safety of such research.

Lord Warner: The creation of gametes is not, in itself, an activity that requires a licence from the Human Fertilisation and Embryology Authority (HFEA). However, the use of these gametes to create an embryo would require a licence from the authority. Prior to issuing any licence for the creation of an embryo for use in treatment or research, the HFEA would have to be satisfied that the techniques used were safe. The HFEA would also have to examine carefully the ethical issues surrounding the use of artificially created gametes in in vitro fertilisation (IVF). No embryos that are used in research or created in the course of research may subsequently be used in treatment and must be allowed to perish before 14 days post fertilisation.

Livestock: Worrying by Dogs

Baroness Masham of Ilton: asked Her Majesty's Government:
	What legislation applies to the worrying of stock by dogs.

Lord Whitty: Livestock is protected from worrying by dogs by the Dogs (Protection of Livestock) Act 1953, which makes it an offence for the owner or other person in charge of a dog to allow it to worry livestock on agricultural land.
	The Animals Act 1971 covers the liability of a person who kills or injures a dog while protecting livestock for which he is responsible.